A Waterville man serving 15 years in federal prison for being a felon in possession of ammunition – which he stole from a Winthrop home – has appealed his sentence, saying he was categorized improperly as an armed career offender.
An attorney for Brian T. Mulkern, 37, is scheduled to argue on his behalf Monday before a three-judge panel at the 1st U.S. Circuit Court of Appeals in Boston.
The government says Mulkern is just the type of person the U.S. Armed Career Criminal Act was meant to address.
That act allows for longer sentences for felons who commit crimes with firearms if they have been convicted of “violent felony” crimes three or more times.
In asking the panel to uphold the sentence, Assistant U.S. Attorney Margaret D. McGaughey described the Aug. 26, 2014 burglary on Holmes Road in Winthrop, saying:
“Mulkern kicked in the door to a house where an 11-year-old girl was home alone, stole jewelry and medication, found ammunition, tried to break into a safe to steal a gun, but was unable to do so. His criminal history made him the very type of person the ACCA was designed to punish: someone who continued to commit drug or violent crimes.”
Mulkern remains in custody, and his release date is May 7, 2029, according to the U.S. Bureau of Prisons website.
Betty Adams can be contacted at 621-5631 or at:
badams@centralmaine.com
Twitter: betadams
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